CARNEY & CARNEY

In the matter of CARNEY & CARNEY, Judge Costigan considered an application by the applicant, Mr. Carney, seeking orders for the appointment of himself as trustee for the sale of the former matrimonial home. The dispute arose from the respondent's, Mrs. Carney's, non-compliance with previous court orders.

The primary legal issue before the court was whether to appoint Mr. Carney as trustee for the sale of the property, and if so, upon what terms, given the respondent's non-compliance with prior orders. The court was required to determine the conditions under which the sale would proceed and how the proceeds would be managed.

Judge Costigan ordered that unless the former matrimonial home was sold by auction or contract by 15 March 2019, it would vest in Mr. Baker as Trustee for Sale. Specific terms were stipulated for the sale, including the appointment of a particular selling agent, a reserve price of $730,000 (or as otherwise agreed), the wife's solicitors acting for the vendor, and a sale by public auction on unconditional cash settlement terms. Upon sale, sale costs and expenses were to be paid first, with the balance to be held by the wife's solicitors in trust pending further agreement or court order. Liberty to apply was reserved to both parties regarding the sale terms and proceeds, and the wife's costs of the application were reserved to the final hearing. The matter was adjourned for a directions hearing.